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Leaflet ban will hit democratic debate

Democracy? | 05.02.2008 20:35 | Animal Liberation | Iraq | Repression

"On the pretext of anti-litter, Swindon Borough Council are bringing in restrictions on rights to distribute literature that are more severe than the restrictions that the Chinese Communist Party impose upon Hong Kong."

Apologie for taking this from a mainstream paper, but I think this is quite an important issue for people to recognise.

Source:  http://www.swindonadvertiser.co.uk

CAMPAIGN groups have expressed deep concern at plans to ban the handing out of leaflets in the town centre.

New laws under the Clean Neighbourhood Act will come into force later this year, prohibiting the distribution of literature within the town centre by businesses and campaigning groups - although charities are exempt.

Groups as diverse as the No2ID campaign, Swindon Animal Concern, Swindon Stop the War Coalition, the Countryside Alliance, trade unions and religious groups will be banned from handing out literature.

The town centre management has recently written to Marilyn Harrison of Swindon Animal Concern who has a stall in Regent Street telling her that she will have to stop handing out leaflets intended to improve animal welfare.

Andy Newman, pictured, secretary of the Swindon Stop the War Coalition, said: "In a vibrant democracy, it is vital that different shades of opinion have a way of reaching the general public," he said.

"Five years ago in the build-up to the war on Iraq, the Stop the War Coalition handed out literally tens of thousands of leaflets countering the arguments from the Government.

"As a result we did shift public opinion.

"The proposed act would have impeded Swindon people from participating in the democratic debate."

The Act has been devised to reduce litter, but Andy said his volunteers always clear up any dropped flyers.

"On the pretext of anti-litter, Swindon Borough Council are bringing in restrictions on rights to distribute literature that are more severe than the restrictions that the Chinese Communist Party impose upon Hong Kong.

"We have to be clear that the town centre is not just for shopping, it is a public space that belongs to the people of Swindon, and we should be able to use it for peaceful debate, and handing out leaflets.

"I have no problem in restricting leaflets from companies promoting goods or services for profit.

"But they need to build in exemptions and safeguards for trade unions, political groups and religious organisations, who contribute to the vibrant life of the town."

The proposals still need to go before Swindon Council's Cabinet, but the town centre management is already advising companies what they will have to do to conform.

Bernie Maguire, the town centre manager, said: "Charities are exempt from the Act under this legislation.

"It is about restricting fliers and having the powers to issue fixed penalty notices and to take to court anyone who doesn't comply.

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So....the banning of political views. Could this be real?

Banning protests because of "noise" and "disruption" (amongst other terms), and now banning leafleting under the pre-text of anti-litter. What next?

Democracy?

Comments

Hide the following 6 comments

Check the law

05.02.2008 21:51

Quoting from schedule 3a of the Clean Neighbourhoods and Environment Act 2005:

(4) Nothing in this paragraph applies to the distribution of printed matter—

(a) by or on behalf of a charity within the meaning of the Charities Act 1993, where the printed matter relates to or is intended for the benefit of the charity;

(b) where the distribution is for political purposes or for the purposes of a religion or belief.



The campaigning groups should remind the council of the law and carry on with their lawful democratic activities.

Any attempt to prohibit basic democratic rights like this should be fought. The first few councils to be sued should act as an example to the others!

Eric


Same elsewhere

06.02.2008 00:14

The same has also been done in Brighton. The Council said it had had 'very encouraging support' in its consultation exercise. I would personally recommend that someone put in a Freedom of Information request about this 'positive feedback', because I doubt it is accurate...but anyway.

Krop


Carry on regardless

06.02.2008 09:35

If anyone is ever stopped from leafleting don't back down, cite that the law is clearly on your side and carry on regardless. If they try to confiscate material or arrest you, it is likely nothing will come of it and you may have grounds for compensation.

ARA


Act of Parliament

06.02.2008 14:11

as mentioned above - here's the official source - print and keep in pocket when leafleting perhaps?

 http://www.opsi.gov.uk/ACTS/acts2005/ukpga_20050016_en_4#pt3-pb3-l1g23

bobby


Pigs' town

07.02.2008 20:45

Well having lived lived very close to Swindon, I'd be surprised if most of them could read more than the front of a bus let alone a leaflet that didn't say "Subway special offer".

Anyway, surely the banning of leaflets won't square with the Human Rights Act. In which case, you could sue the council.

Moonraker


RTFM

07.02.2008 20:48

Should have read that link first. I was right it doesn't square with human rights:

"(4) Nothing in this paragraph applies to the distribution of printed matter—

(a) by or on behalf of a charity within the meaning of the Charities Act 1993, where the printed matter relates to or is intended for the benefit of the charity;

(b) where the distribution is for political purposes or for the purposes of a religion or belief. "

Let's watch Subway and Vodafone start a church now.

Moonraker